Written Answers Friday 30 April 2010

Scottish Executive

Birds

Robin Harper (Lothians) (Green): To ask the Scottish Executive what action has been taken to ensure that the repeated large-scale release of pheasants and red-legged partridges into the countryside poses no harm to local flora and fauna and what consultations have taken place with the European Commission regarding these practices, as required by Article 11 of the 2009 EU Directive on the conservation of wild birds.

Richard Lochhead: The Scottish Government will consider any evidence of significant damage to flora and fauna resulting from releases of pheasants or red-legged partridges. Scottish Natural Heritage is responsible for monitoring the condition of designated sites which protect many of Scotland’s most important flora and fauna, including identifying any activities which appeared to be having a negative impact on the condition of such sites.

  Article 11 of the EU Directive on Conservation of Wild Birds (79/409/EEC) is concerned with the introduction of any species of bird which do not occur naturally in the wild state in the European territory of the member states and does not therefore apply to pheasants and red-legged partridges.

Cancer

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive whether it plans to review the screening arrangements for the detection of prostate cancer.

Nicola Sturgeon: The Scottish Government is given expert, independent advice on screening programmes by the UK National Screening Committee (UK NSC). The UK NSC is currently reviewing the policy for prostate screening and the review process is estimated to be completed by March 2011.

  Further information on the UK NSC and their policies can be found at http://www.screening.nhs.uk/.

Care Commission

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive whether it plans to review the Care Commission’s complaints procedure.

Shona Robison: The review of the Care Commission’s complaints procedure is a matter for the commission. Under the Regulation of Care (Scotland) Act 2001 the commission is required to establish a complaints procedure to deal with complaints about care service provision and complaints about how the Care Commission undertakes its work. The commission must keep the procedure under review, varying it as and when appropriate, in accordance with the 2001 act. The procedure and any variation must be approved by Scottish Ministers. The complaints procedure which currently applies was approved by Scottish Ministers in 2004.

Criminal Justice (Scotland) Act 2003

Bill Butler (Glasgow Anniesland) (Lab): To ask the Scottish Executive how many individuals were successfully prosecuted under section 74 of the Criminal Justice (Scotland) Act 2003 in 2009-10, broken down by procurator fiscal area.

Kenny MacAskill: The latest available information is given in the following table. Publication of data for 2009-10 is planned for January 2011.

  Persons with a charge proved for an offence where a religious aggravator was recorded by approximate procurator fiscal area1, 2008-09:

  

Procurator Fiscal Area
2008-09


Argyll and Clyde 
26


Ayrshire 
15


Central 
16


Dumfries and Galloway
4


Fife 
3


Glasgow 
156


Grampian 
5


Highlands and Islands
4


Lanarkshire
43


Lothian and Borders 
13


Tayside
6


Scotland 
291



  Note: 1. Based on a mapping of sheriff and district courts into procurator fiscal areas.

Environment

John Scott (Ayr) (Con): To ask the Scottish Executive whether any volcanic ash settling on Scottish soil as a result of the eruption at the Eyjafjallajoekull glacier in Iceland would have implications for food production.

Richard Lochhead: Current monitoring information in Scotland suggests that it is unlikely that volcanic ash settling on Scottish soil as a result of the volcanic eruption in Iceland will affect food production in Scotland. Officials in the Scottish Environmental Protection Agency and the Met Office are continuing to monitor ash dust at a number of sites across the UK.

Environment

John Scott (Ayr) (Con): To ask the Scottish Executive whether there would be any danger to livestock consuming volcanic ash from the eruption at the Eyjafjallajoekull glacier in Iceland.

Richard Lochhead: Current monitoring information in Scotland, suggests that it is unlikely that volcanic ash settling on Scottish soil, as a result of the volcanic eruption in Iceland, will affect livestock in Scotland. Officials in the Scottish Environmental Protection Agency and the Met Office are continuing to monitor ash dust at a number of sites across the UK.

Environment

John Scott (Ayr) (Con): To ask the Scottish Executive whether any volcanic ash settling on Scottish soil as a result of the eruption at the Eyjafjallajoekull glacier in Iceland would affect or contaminate crop production.

Richard Lochhead: Current monitoring information in Scotland suggests that it is unlikely that volcanic ash settling on Scottish soil as a result of the volcanic eruption in Iceland will affect or contaminate crop production in Scotland. Officials in the Scottish Environmental Protection Agency and the Met Office are continuing to monitor ash dust at a number of sites across the UK.

Environment

John Wilson (Central Scotland) (SNP): To ask the Scottish Executive what measures local authorities are taking regarding the growth of non-native invasive plants in graveyards and around derelict sites.

Roseanna Cunningham: This is a matter for individual local authorities. The information requested is not held centrally.

Environment

John Wilson (Central Scotland) (SNP): To ask the Scottish Executive what action is being taken by (a) the Scottish Environment Protection Agency, (b) Scottish National Heritage and (c) Scottish Water to restrict the sites where Japanese knotweed and giant hogweed are prevalent and reduce their spread.

Roseanna Cunningham: A brief summary of actions being taken by these three bodies in relation to Japanese knotweed and giant hogweed is as follows:

  (a) The Scottish Environment Protection Agency (SEPA) is responsible for co-ordinating River Basin Management Plans required under the Water Framework Directive. The plans are required to identify measures which will prevent deterioration or which will improve the ecological condition of a waterbody and may therefore include measures for management of invasive non-native species where these are or are likely to become deleterious to ecological condition. SEPA may also fund projects including control of bankside and instream plant species (where these impact on morphological aspects of the waterbody) through their restoration fund. In addition, SEPA have produced guidance for waste management operators on the on-site management of Japanese knotweed and associated contaminated soils.

  (b) Scottish Natural Heritage (SNH) takes action to control Japanese knotweed and giant hogweed and other invasive non-native plants in National Nature Reserves. Where designated land (Sites of Special Scientific Interest (SSSI) and Special Areas of Conservation (SACs)) is affected by these species, particularly where the effects are such that the site is in consequence classified as being in unfavourable condition, SNH seeks to encourage land managers to put in place appropriate management to control or eradicate these species. In addition, SNH supports other actions to control invasive non-native plants thorough awareness raising and training events, including the Sharing Good Practice programme, as well as working closely with other agencies, utilities managers and the construction industry.

  (c) Scottish Water aims to deal with Japanese knotweed and giant hogweed in carrying out capital projects as well as in the course of undertaking operational and maintenance work.

First Minister

George Foulkes (Lothians) (Lab): To ask the Scottish Executive whether any of the First Minister’s official spokespersons are involved in any way in statements that he makes in connection with the 2010 UK General Election.

John Swinney: During the 2010 UK General Election campaign all Scottish Government civil servants are bound by guidance on their role and conduct during the election period (the date between the commencement of the campaign period and the election). The full guidance can be found at http://www.scotland.gov.uk/Publications/2010/04/UKElectionGuidance .

  In line with this guidance, no civil servant is involved in statements relating to the party political aspects of the election. A civil servant could be involved if the First Minister were commenting on the impact on Scottish Government responsibilities of proposals made by participants in the election.

Health

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive whether it will review the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 to take account of situations where dispensing GP practices in rural areas have no representation on their Area Pharmaceutical Committee and no account might be taken by it of the impact on a GP practice of the loss of dispensing income, as is the case with Newcastleton GP practice.

Shona Robison: The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 state that, when an application is made to a Health Board to open a community pharmacy in its area, its Area Pharmaceutical Committee and its Area Medical Committee must be notified, and that they may make written representations to that Board and their Pharmacy Practices Committee. It is the Pharmacy Practices Committee which considers such applications on behalf of the Board. As part of that process, GPs, including dispensing GPs, can make their views known through the Area Medical Committee.

  It is not possible under the current legislative framework to allow a Health Board’s Pharmacy Practices Committee to take into account the financial effect on dispensing GP practices in cases where an application to open a pharmacy in the area is successful. This would require amendment to a number of pieces of legislation, including the National Health Service (Scotland) Act 1978. Our current consultation Review of the Control of Entry Arrangements, published on 22 March 2010, is looking at the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009. Any further views on these issues are welcome.

Health

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive how it ensures the confidentiality of patients asked to take part in the Better Together: Scotland’s Patient Experience Programme.

Nicola Sturgeon: The Better Together Programme ensures confidentiality of patients who take part in the surveys through detailed mandatory guidance which has to be complied with by all NHS boards and companies implementing and analysing the surveys. This covers data storage, transfer and patient confidentiality.

  The guidance manuals for both the GP and inpatients surveys can be found on the Better Together website http://www.bettertogetherscotland.com/bettertogetherscotland/661.322.342.html.

Health

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive what companies were hired to implement the Better Together: Scotland’s Patient Experience Programme surveys.

Nicola Sturgeon: Picker Europe, a UK Charity, was awarded the contract to undertake the fieldwork for the Better Together GP patient experience survey by the Scottish Government.

  Quality Health and Patient Perspective, companies that are suppliers of patient experience survey fieldwork in the UK, have been awarded the contract to undertake the fieldwork for the Better Together inpatient survey by NHS boards.

Health

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive what the budget is for the Better Together: Scotland’s Patient Experience Programme surveys.

Nicola Sturgeon: The Better Together GP survey fieldwork was commissioned by Scottish Government and cost £769,274.

  There is not a centrally held budget for the Better Together inpatient survey fieldwork. The Better Together inpatient survey fieldwork was commissioned individually by each NHS board in Scotland. Each individual NHS board therefore has their own budget for the survey. However, we will be collating costs of running the inpatients survey from each NHSScotland health board later this year.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive, further to the comments of the Cabinet Secretary for Justice in the chamber on 25 March 2010 ( Official Report c. 25109) that "there are significant problems [with knife crime] in some areas of Edinburgh", where those areas are.

Kenny MacAskill: Edinburgh is a safe city and initiatives such as the Edinburgh Violence Reduction Programme enable partners to work together to make the city even safer. For example, the number of homicides in Edinburgh in 2008-09 was at the lowest recorded level in 20 years. Recent analysis carried out by Lothian and Borders Police found that the overall number of incidents involving a knife was low in comparison to some other parts of the country, but that in Edinburgh as a whole, areas in the north of the city had a higher number of incidents of criminal use and possession of knives and bladed articles.

  Lothian and Borders Police use an intelligence-led policing model to target resources on those most likely to be carrying and using weapons. We know from local performance information that this approach has contributed to a 33% reduction in crimes involving the possession of offensive weapons in Edinburgh in 2009-10 compared to 2006-07.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive, further to the comments of the Cabinet Secretary for Justice in the chamber on 25 March 2010 ( Official Report c. 25109) that "those who are a danger to our communities, who carry knives and who have a propensity to use them should be dealt with firmly and severely", what its position is on the expectation of such offenders to receive a custodial sentence.

Kenny MacAskill: Sentencing in individual cases is entirely a matter for the sentencing judge, who hears all the facts and circumstances surrounding the offence and the offender, and is able to take into account any factors which he or she considers to be relevant.

  An increasing number of people who are caught carrying knives are being convicted and are receiving custodial sentences and the length of those sentences is also increasing – in the last two years jail terms for knife carrying have increased by two thirds. The courts have the powers needed to impose substantial sentences of up four years for possession and, should a judge weigh up the circumstances and decide that a four-year sentence is appropriate, he or she will go ahead and impose it.

  The overall decrease in crimes of handling an offensive weapon of 11% since 2006-07 indicates that this tough approach, combined with record investment in violence reduction initiatives and action on knife crime, is having a positive impact on knife crime on our streets.

Justice

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive what discussions it has had with the UK Government and relevant Scottish stakeholders regarding the Anti-Counterfeiting Trade Agreement negotiations.

Kenny MacAskill: Intellectual property, consumer protection, medicines, internet services and product standards, safety and liability are all reserved matters. The Scottish Government has not been involved in any discussions regarding negotiations on the proposed Anti-Counterfeiting Trade Agreement.

   

  James Kelly (Glasgow Rutherglen) (Lab): To ask the Scottish Executive whether it is planning to include violent offenders in the Multi-Agency Public Protection Arrangements process.

Kenny MacAskill: Parliament agreed that violent offenders who would fall within the Multi Agency Public Protection Arrangements (MAPPA) must have been convicted on indictment of an offence inferring personal violence and be subject to a Probation Order or subject to statutory supervision on release from prison. In framing the legislation, stakeholders secured an undertaking to ensure that before MAPPA was extended to this group of offenders, the Risk Management Authority would develop an agreed approach to assessing the risk of harm posed by violent offenders. This work is underway.

  We have also accepted the recommendations in the report of the Multi-agency Inspection: Assessing and managing offenders who present a high risk of serious harm 2009, which notes that the first priority in relation to violent offenders is to build up the capacity of individual agencies to manage risk more effectively and consistently. We accept that judgment, and are working with the delivery agencies to give them the tools and support they need.

  The Multi agency report can be found at:

  http://www.swia.gov.uk/swia/files/Assessing_and_managing_offenders_who_present_a_high_risk_of_serious_harm_2009.pdf.

Justice

James Kelly (Glasgow Rutherglen) (Lab): To ask the Scottish Executive when it will publish its review of the national objectives and standards for social work services in the criminal justice system.

Kenny MacAskill: We are working with partners to finalise new National Outcomes and Standards for Criminal Justice Social Work, which will be published later this year.

Land Reform

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive, following the commitment given on page 1 of the Land Reform Action Plan of August 2003, whether it will publish a report on the diversity of land ownership in Scotland and what it is doing to address the concentrated pattern of private land ownership.

Roseanna Cunningham: The Scottish Government has no current plans to publish such a report. We believe that it is still too early to be able to assess fully what the recent package of land reform legislation has achieved for people in rural areas and to report objectively on the diversity of land ownership and the community ownership of land, as was suggested in 2003.

  Part 2 of the Land Reform (Scotland) Act 2003, which allows rural communities in Scotland the opportunity to register a pre-emptive right to buy land, provides a mechanism to address patterns of private land ownership.

  We continue to monitor the practical operation of the Community Right to Buy provisions and will publish a report once these have generated sufficient evidence of the impact of land transfer.

Marine Environment

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive, further to the answer to question S3W-32666 by Roseanna Cunningham on 16 April 2010, when the copy of its memorandum of understanding with Norway on aquaculture cooperation was first published on the Scottish Government’s website.

Roseanna Cunningham: A copy of the memorandum of understanding (MOU) was published on the Scottish Government website on 31 March 2010. The delay in publishing was due to the extensive revamping of the Marine Scotland sections of the website.

  A draft copy of the MOU was sent to the Scottish industry on 9 July 2009. The MOU was signed in Norway on 17 August 2009, and this was announced by a Scottish Government press notice on the same day.

Rail Network

Jamie Hepburn (Central Scotland) (SNP): To ask the Scottish Executive what discussions it has had with the UK Government regarding the future of the east coast franchise in Scotland.

Stewart Stevenson: Officials have regular dialogue with Department for Transport (DfT) on matters relating to cross border franchises.

  In relation to the proposals for the introduction of a new East Coast timetable in May 2011, I wrote to Lord Adonis on 25 November 2009 setting out the Scottish Government’s position that an overall diminution of cross border services would be unacceptable.

  I also wrote to Lord Adonis on 18 March in response to DfT’s consultation exercise on the re-letting of the Intercity East Coast Franchise late in 2011. My response sets out this Government’s position to the proposed specification for re-letting the Intercity East Coast Franchise. The strategic aims underpinning this advice set our requirement that any future franchise would:

  Maintain the important links within Scotland at a level no less than currently provided by East Coast Main Line Company;

  Enhance connectivity between the main centres of business on each side of the Border served by this route for the mutual benefit of the Scottish and UK economies, and

  Effect a modal shift towards rail from less sustainable modes of transport by making rail more competitive with these other modes, in particular by increasing the frequency of service and reducing end-to-end travel times.

Rural Affairs

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive how the £0.7 million outturn efficiency for Rural Pay and Inspection in 2008-09 was achieved, as reported in the Efficiency Outturn Report for 2008-09 .

Richard Lochhead: The efficiency saving of £0.7 million for the Rural Payments and Inspections Directorate (RPID) was achieved mainly through two measures. The first was the implementation of a "multifunctional" approach to farm inspections whereby multiple inspections for different purposes were consolidated into a single task for inspectors. This approach reduced the number of visits required for inspections and the overall workload for this activity. The second was the ongoing promotion of the option for scheme applicants to use the online version using the Single Application Form rather than the paper form. The usage of the online form increased from 17% to 24% of all applications between 2007-08 and 2008-09. This reduced the workload for administration staff in RPID’s area offices who are engaged in entering the data on paper forms into the computer system.

  The savings were realised as cash savings in that there was a reduction over the year of around 7% in staff numbers for both inspections staff and administration staff in RPID’s area offices.

Rural Affairs

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive how the £0.097 million outturn efficiency for Veterinary Surveillance in 2008-09 was achieved, as reported in the Efficiency Outturn Report for 2008-09 .

Richard Lochhead: The Scottish Government achieved cash efficiencies amounting £80,000 by reallocated work following the occurrence of two vacancies within the network of veterinary laboratories operated by Scottish Agriculture College. A further £17,000 was made through the installation of new, more efficient, gas boilers at the Ayr and Aberdeen veterinary labs.

Rural Affairs

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive how the £35.7 million outturn efficiency for Voluntary Modulation in 2008-09 was achieved, as reported in the Efficiency Outturn Report for 2008-09 .

Richard Lochhead: Voluntary modulation has been permitted by European rules since 1999. Modulation is the transfer of EU CAP funds from Pillar 1 (market support expenditure and single farm payments) to Pillar 2 (rural development and agri-environmental schemes). Since 2005, modulation has applied on a compulsory basis in member states, and in 2007 agreement was secured to enable the UK and Portugal to continue to levy an additional (voluntary) national rate of modulation, over and above the compulsory EU rate.

  The efficiency saving of £35.7 million returned in the Efficiency Outturn Report for 2008-09 is the value of the transfer of funding through voluntary modulation from Pillar 1 to Pillar 2. As set out in the report, the efficiencies were achieved without material detriment to the quality or quantity of service provided, which was maintained through delivery of agri-environmental benefits under cross compliance rules in Pillar 1.

  Therefore the introduction of the Scottish Government’s delivery of public benefits through the Single Farm Payment has been unaffected. The resources freed up through voluntary modulation were used to support a number of important commitments, most notably under the Rural Priorities delivery mechanism of the Scotland Rural Development Programme.

Rural Affairs

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive how the £2.86 million outturn efficiency for the Scottish Fisheries Protection Agency in 2008-09 was achieved, as reported in the Efficiency Outturn Report for 2008-09 .

Richard Lochhead: The Scottish Fisheries Protection Agency achieved £2.86 million efficiency savings in 2008-09 through the streamlining of operations, the adoption of a more risk-based approach to tasking surveillance aircraft and through the sale of surplus assets.

Rural Affairs

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive how the £0.138 million outturn efficiency for Other Agriculture in 2008-09 was achieved, as reported in the Efficiency Outturn Report for 2008-09 .

Richard Lochhead: These savings were achieved through a combination of minor improvements such as rationalising arrangements for stakeholder engagement, making greater use of web-based forms of publicity and a greater than anticipated saving in awards made in respect of Chernobyl compensation.

Rural Affairs

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive how the £0.793 million outturn efficiency for Fisheries Research Services in 2008-09 was achieved, as reported in the Efficiency Outturn Report for 2008-09 .

Richard Lochhead: The Fisheries Research Services achieved £0.793 million efficiency savings in 2008-09 through more effective asset management, accessing wider Scottish Government arrangements for the provision of services, rationalising internal processes and procedures and more effective procurement.

Rural Affairs

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive how the £2 million outturn efficiency for the merger of the Rowett Research Institute and the University of Aberdeen in 2008-09 was achieved, as reported in the Efficiency Outturn Report for 2008-09 .

Richard Lochhead: As a consequence of the Rowett Research Institute merging with the University of Aberdeen the Scottish Government no longer has to make financial provision of £2 million annually for depreciation and cost of capital charges for the Rowett. This accounting change has not affected the volume of research undertaken by the Rowett for the Scottish Government.

Rural Affairs

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive how the £0.429 million outturn efficiency for the Contract Research Fund in 2008-09 was achieved, as reported in the Efficiency Outturn Report for 2008-09 .

Richard Lochhead: The efficiency savings arise entirely from the securing of co-funding for research projects while obtaining 100% of the contract outputs.